81-11-310. Hearing and order.

317 words·~1 min read·/ut/title-81/chapter-11/81-11-310

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 9/1/2025

(1)Unless the court enters a temporary emergency order in accordance with Section 81-11-204 , upon a finding that a petitioner is entitled to the physical custody of the minor child immediately, the court shall order the minor child delivered to the petitioner unless the respondent establishes that:

(a)the child custody determination has not been registered and confirmed under Section 81-11-305 , and that:

(i)the issuing court did not have jurisdiction under Part 2, Jurisdiction ;

(ii)the child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Part 2, Jurisdiction , or federal law; or

(iii)the respondent was entitled to notice, but notice was not given in accordance with the standards of Section 81-11-107 in the proceedings before the court that issued the order for which enforcement is sought; or

(b)the child custody determination for which enforcement is sought was registered and confirmed under Section 81-11-305 , but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Part 2, Jurisdiction , or federal law.

(2)The court shall award the fees, costs, and expenses authorized under Section 81-11-312 and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate.

(3)If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.

(4)A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and minor child may not be invoked in a proceeding under this chapter.

Renumbered and Amended by Chapter 426 , 2025 General Session